Resignation during Probation Period

Notice period of 2 months is not applicable for during probation. Usually, a lesser notice period, say 7 or 15 days is mentioned in the Letter of Appointment. It is an apathy that most educated people, especially IT professionals don't check out the letters of offer/appointment and sign them without proper perspective and suffer arbitrary threat like this. Enforcing a bond for non-training period, demanding full notice period during probation and threatening to block a person's career at its whims and fancies are another side of the coin, which even some reputed industries have chosen to follow!.

Every industry, including IT is bound by law and particularly the local Shops & Establishments Act whereby a probationer cannot be asked to service such a long notice period. Please provide the location of your registered office/the establishment where you work for specific advice on this subject.

vasudevan

Dear All,

I am working in an IT company in Pune and currently in probation period which is of 6 months.I have resigned after 50 days of joining as I have got an offer in Mumbai as I am a local of Mumbai and have parents who are senior citizens and dependent on me. The conditions mentioned in my offer letter are as below: Now after I have resigned the organization told that they can relieve me after my back up is ready. I referred for my back up and he is joining on October 8, 2012.

You will be on probation for an initial period of six months from the date of appointment. Thereupon, you will be confirmed in writing as a permanent staff of the Company, if your services are found to be satisfactory and up to the standard required by the Company. The Company shall be the sole judge of your competence in this context.

3. Your services may be terminated by either party, by giving three months prior written notice to the other party. The management, however, shall have the sole discretion to change such period of notice, as it deems appropriate. During the said period of notice, the employee shall not be allowed to avail of any leave of whatsoever nature. The management may also at its sole discretion, dispense with the employee’s services without notice by giving three month’s salary in lieu of notice.

Now they are saying that I have to serve notice period of three months to get relieving letter even though I am on probation and also arranged for my backup. I am also ready to pay the amount in lieu of shortfall of notice. Please suggest,do I need to serve notice of three months even though I am in probation and completed only 50 days of service and if they do not relieve me,what action should I take?

@ Rahul,

You may look into the thread initiated by you at:

https://www.lawyersclubindia.com/forum/Notice-period-during-probation-67570.asp

@ Rajesh,

As per

a)      in your post notice period is not applicable during probation for employer /employee.

And condition written by company “If you desire to leave the company at nay future time, you will be able to do so only after completion of probation period, subject to adherence of notice period given elsewhere in this letter.”

May be termed unfair, bad, illegal.

As per Bombay SE Act there should be no notice period applicable if employee has served for less than 3 months. You may however check with Inspector under SE Act or ALC at your location and obtain latest version of the Act applicable to your state from Dept. Of Labor website of your state or market.

SE Act is applicable to IT companies.

you can make a call 9212280956